Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 46/N/2022.
C.R. No. 13/2022.
Excise 'FS I' Division
CNR No.MHMM180004392022
Jayesh Harilal Lotwala … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'FS I' Division) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Jayesh
Harilal Lotwala for release of Maruti Suzuki Swift VDI Car bearing
registration No.GJ05JN7496 which is seized by the Excise FS I
Division in connection with Crime No. 13/2022 registered with the
Excise FS I Division for the offence punishable under sections 65(A)
(E),81 and 83 of the Bombay Prohibition Act, 1949.
2) Say was called from I. O. and A.P.P. They both have
strongly opposed it and submitted that, the vehicle claimed by the
applicant was used in the commission of offence and there is possibility
of tampering of evidence. They prayed for rejection of the application.
-- 1 of 3 --
2
3) In support of his contention regarding ownership, applicant
has filed on record xerox copies of Insurance papers, PUC papers and
verified copies of R.C. Book, Aadhaar Card alongwith his affidavit.
4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down
certain guidelines as to the property which is seized by the police during
the investigation, which is to be disposed of as early as possible. As per
this ratio, said vehicle is returned to the applicant. Under such
circumstances, I pass following order.
:: O R D E R	O R D E R ::
1]Application is allowed.
2] The seized muddemal property i.e. Maruti
Suzuki Swift VDI Car bearing registration No.GJ05JN
7496 be handed over to applicant on executing
indemnity bond of Rs. 10,00,000/ (In words rupees
Ten Lakhs only), in the police station/Excise Division.
3] The applicant should undertake that he shall
not transfer, pledge or any other way alienate the said
muddemal till the final disposal of the Crime No.
13/2022.
-- 2 of 3 --
3
4] The applicant is also directed to produce the
said muddemal property as and when ordered to do so.
5] The I.O. is directed to draw the proper
panchanama and take out two photographs of the
muddemal property in order to establish the identity
for identification and evidence.
6] The applicant is also directed to produce his
address proof.
7] Said application is to be affixed with Crime
No. 13/2022.
Date : 28.02.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
-- 3 of 3 --